Gasworks changed standard form contracts

After GIODO’s intervention, gasworks Górnictwo Naftowe i Gazownictwo S.A. (PGNiG) changed the standard form contracts. The new ones only require the disclosure of the personal data necessary to conclude and execute the agreement.

After receiving numerous complaints concerning the scope of information collected by PGNiG when concluding “Contract for gas fuel supply”, “Application for conclusion of contract of connecting to gas network” and “Declaration concerning the right to use premises/property…”, the Inspector General decided to instigate ex officio proceedings  in this case.

In a letter directed to the chairman of the Management Board, the Inspector General indicated that no legal basis exists for requesting other data than name, surname, address and personal identification number (PESEL) when concluding contracts for gas fuel supply or connection to gas network. As GIODO pointed out in the letter, “There can be no doubt that the scope of data specified above is sufficient to execute the concluded agreement or to pursue any possible claims resulting from the failure to execute it. Given the above, it needs to be underlined that data other than the ones specified above may only be collected with the consent of the person involved.”

GIODO pointed out that, in accordance with Article 26 section 1 of the Act on Protection of Personal Data, PGNiG, as data controller, is obliged to ensure that the data:

• is collected for specified and legitimate purposes,
• is not processed further in a way incompatible with the intended purposes,
• is relevant and adequate to the purposes for which it is processed.

In the course of explanatory proceedings, the Inspector General also pointed out that it is necessary for PGNiG to modify the standard form contracts used in order to inform the customers in a clear and precise manner that the disclosure of such personal data as tax identification number (NIP), addrsss for correspondence, telephone number, e-mail address or bank account number is voluntary.

After GIODO’s intervention, PGNiG undertook to adapt all standard contract forms to the requirements specified in the act on personal data protection.

The changes made consisted in introducing footnotes informing that individual customers were not obliged to disclose the data specified above.

Furthermore, with regard to the complaints received, GIODO investigated the collection of photocopies of ID cards or notarial deeds by PGNiG. The information given by the gasworks and the inspection conducted revealed that the actions taken by PGNiG are in compliance with the provisions of the Act on the Protection of Personal Data, as photocopies of ID cards are only required from persons who want to conclude or to update a complex contract for gas fuel supply via mail or via website. The photocopies allow to verify the basic customer data supplied in the forms. After the verification, the photocopies of ID cards are promptly destroyed, hence they are not stored, copied or further processed in any way. If the complex contract for gas fuel supply is concluded in a Customer Service Centre, the customers only need to show their ID card and it is not photocopied.

As for the documents confirming the right to premises to which gas fuel is to be supplied, their photocopies are never required. If a complex contract for gas fuel supply is concluded for the first time with a given person, the customer only needs to fill in the “Statement of legal title to use the premises.”

To sum up:

• the gasworks are entitled to require name, surname, address and personal identification number (PESEL),
• disclosure of any other data is voluntary and the gasworks need to clearly inform the customers of that fact,
• GIODO finds it permissible for PGNiG to require a photocopy of ID card in order to verify the identity of persons concluding the agreement via mail, if after the verification such copies are promptly destroyed,
• submitting a statement is sufficient to confirm the right to premises – it is not necessary to present or to send a notarial deed in order to do so.

More information concerning the explanatory proceedings and the inspection of PGNiG carried out by GIODO can be found in a decision issued after the inspection (Polish only).